SRI LANKA: Mirihana Police brutally torture a man and fill fabricated charges

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Waharagedara Ranjith Sumangala was arrested by officers attached to the Mirihana Police Station and detained for a period of five days during which time he was tortured. He was assaulted on his leg with a pole in front of his wife and young children until the 3.5 feet long 2X1 inch pole broke. Later a plastic shopping bag was filled with chili powder and placed over head covering his face. Further, his hands were cuffed behind his back and he was suspended by his wrists for 30 minutes. Ranjith was forced to accept responsibility for 21 cases. The Magistrate of Avissawella released him on bail but now he fears further fabricated charges. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information received by the Asian Human Rights Commission Mr. Waharagedara Ranjith Sumangala (36) of No: 18, Kuriyawela Colony, Ukuwela is a married father of two and a tinker (tinsmith) by profession. He had served in the Sri Lanka Army and in 1999 was honourably discharged.

On 15 December 2010 he stayed at No: 137/2, Beliaththavila, Kindelpitiya, Millewa with his family. On this particular day he went to his employer’s home at Kahawala by a three wheeler owned by one Mr. Chandana. While they were on their way, at Yatawathura road near the place known locally as Mr. Fiscal’s home, four motor bikes surrounded them so that the three-wheeler had to stop. Then two of the motorbike passengers sat on the rear of the three wheeler on both sides of Ranjith. They threatened him with death and told him not to move. Ranjith and the driver were asked to hand over their mobile phones which they did.

Ranjith indentified one person out of the eight as Ajith Wanasundara a retired army officer living in the same area. Then they directed Chandana to drive towards the cemetery of Dambara. Once there they further instructed him to take the three wheeler deep into the cemetery where no one would see them. One of the officers removed Ranjith’s T-shirt and blindfolded him. Then he started to beat and kick his legs around twenty times. The men did not ask any questions or explain what they were doing. Then Ranjith heard that one person calling another and stating that they had arrested the man. Then another asked the officer to take the Ranjith to certain locations. By listening to the conversation between them Ranjith understood that they were police officers. At that point Ranjith’s wrists were cuffed behind his back.

A van came and stopped near them and the officers took Ranjith in to its rear and asked him to sit on the floor of the vehicle. One of the officers asked Ranjith if he knew where he was and he answered that he was in the cemetery. Then the officer warned him that they would bury him there. Then he demanded the location of the automatic weapon that Ranjith had he taken from the army and to which Ranjith denied that he had ever taken any such weapon. Then he brought a plastic shopping bag in which there was chili powder and covered Ranjith’s head and face. Ranjith felt that he was in very real danger of suffocation. The officer removed it just before Ranjith passed out and repeated the torture five times. While the shopping bag was on his head the officer continuously punched his face. During this time the other officers repeatedly asked about the weapon and Ranjith, despite his pain and fear continuously denied possession of any such weapon. Then the officer asked where is the jewelry he had stolen from Ajith Jayasundara’s house was located. Ranjith answered that he did not know anything about this and that he had never engage in such a crime. The officer again started to beat him with kicks and punches. Other officers removed their belts and also beat him with those.

Then he felt the van start to move. While the vehicle was moving the officers near him continued to assault him. Eventually the vehicle stopped and he heard the officers discussing to have tea at Hasthigiri hotel and Meepe.

Again they started to move but stopped at an unknown location. The officers untied the T-shirt and brought him to a place where there were seven toilets and three showers. Then Ranjith was asked to have a bath. He was suffering severe pain due to the assault. Further he noticed that he had urinated defecated in his sarong. Then he washed everything and had a shower as well. However, he had to wear the same clothes. He noticed that five officers around him while he was taking a bath.

After the bath again they blindfolded him again with his T-shirt and got back into the van. After a considerable time the vehicle was stopped and he was asked to get down and climb some steps. He understood that he was asked to climb two set of steps which made him believe that he was in a two storey building. Once again the shopping bag with the chili powder was placed over his head. Ranjith was told to accept responsibility for 15 cases which he initially refused as he knew nothing about them. He was asked repeatedly but continued to deny any connection with the crimes. Ranjith was then forced to lie on the ground and two officers came and trampled his thighs causing him unbearable pain. Ranjith was unable to bear any further ill-treatment and told the officers he was ready to accept anything. In desperation he also told them that all the jewelry had been buried under the banana tree at his house and a TV, a VCD and cassettes were at home. He told all that hoping that they would not assault him anymore.

For the remainder of the day he was not given food or water. However, he noticed that he had again soiled his sarong with urine and faeces.

On 16 December the officers took him in a vehicle to his residence. Then his wife was questioned about their TV, VCD and cassettes. His wife was able to show the purchasing receipts of all this equipment. Another officer started to dig the land near the banana tree but did not find any jewelry. The officers asked why Ranjith he said that he had the stolen property to which Ranjith replied that as he could not bear the pain anymore he told them what they wanted to hear. When he was brought to the house his wife and the two children were also present at home. One officer took a 2 x 1 wide, 3.5 feet long pole which Ranjith and his family used to lock the door and started to beat him with it until it broke. This was done in front of his wife and children who were screaming loudly in fear and begging the officers to stop. The same officer found another pole, this one was 1.5″ wide and 4 feet long and started to beat Ranjith about his shoulders. As the wife and the two children screamed continuously the officers put them into a room and warned them not to come out. They also told the wife that they would not be sending him home again.

The officers put Ranjith back into the vehicle and removed his T-shirt. Ranjith, despite his pain was able to note that there was one officer with two stars and 8 other officers in the vehicle. It was only then that he realised that he was in the custody of the Mirihana police.

At the police station he understood that Chandana, the three wheeler driver, had been released on the 16th. Further he understood that three other neighbours, Mr. Nimal, his younger brother Jayasena and Mr. Chaminda who had pending criminal cases against them had also been brought to the same police station. Ranjith noticed that one officer at the station recording a statement from Jayasena that Ranjith was responsible for the crimes that they had done. Then Ranjith was cuffed with Nimal and Chiminda was cuffed with Jayasena.

On 17 December, all four were brought to an old building within the Mirihana Police Station premises. Ranjith indentified that place as the ‘Torture Chamber’ by listening to the conversation that had taken place at the station. Then they brought to four separate rooms and Ranjith was beaten with a rubber hose. After two hours they were brought back to the station.

Again on 18 December officers brought Ranjith to the torture chamber and he heard Nimal screaming. Then he saw that Nimal was hanging from a beam. When he was brought down the officers cuffed Ranjith’s wrists behind his back and suspended him from the same beam. Ranjith was left in that torment for about 30 minutes before an officer returned. He told Ranjith to tell the truth. Ranjith replied that he had not committed any crimes and the officer went away.

Later the same officers returned with a book. He told Ranjith that there were 21 unsolved cases and asked how many he was ready to accept responsibility for. When Ranjith answered that he was not involved with any of the cases the one in charge ordered the officers to take Ranjith down, make him bathe and provide him with food and water.

Though the officers brought Ranjith to the wash room he was not able to have a bath by himself. The officers brought Nimal and with his assistance they were able to make him bathe. Later he brought to the cell inside the station where other three were detained and all four were asked to do exercises. But Ranjith was not able to comply. Ranjith was brought to a room upstairs and made him sit on the ground with his wrists cuffed behind his back.

Again at around 7.30 pm the officer who had two stars assaulted Ranjith with a rubber belt around 30 times.

On the 19th Ranjith was brought to the ground floor of the station. Then at 5 pm he was produced before the Magistrate of Avissavella and brought back to the same police station. Then he understood that police had a detention order from the Magistrate to keep him inside the station.

When the detention order was issued it was ordered to produced Ranjith on 21 December around 9 am before the Magistrate. But he was not produced along with the order. On that day he was asked to paint the police station.

On 23 December around 3.30 pm he was finally produced before the Magistrate and enlarged on bail. But as there were no officers at court to take his signature he had to go the Kuruvita prison. At the prison Ranjith revealed to the prison officers how he was assaulted. Then the prison officers examined him and gave him two panodols. On the 24th Ranjith was brought back to the Magistrate Court and released.

He went to his parent’s residence on the same day and was brought to the Basic Hospital, Matale, on the 25th where he was admitted to ward number 13 for treatment. There the Judicial Medical Officer (JMO) examined him. The doctors at hospital informed him that there was damage to his nerve system and he needed to be admitted to the Teaching Hospital of Kandy and Teaching Hospital of Peradeniya for further treatment.

As a result of the injuries Ranjith cannot do his day to day work and is not in a position to engage in his profession any more.

He further says that in the Magistrate Court he learned that police have filed four fabricated cases against him.

While he was taking treatments he received a summons from the Magistrate’s Court of Horana to appear for a case on 28 January 2011. When he appeared for the case the Magistrate remanded him again. Ranjith states that he never knew about any of these cases.

Presently he is in fear that police will file more fabricated chargers and list him as a notorious criminal and finally extrajudicially kill him. The victim narrated the way how he was tortured in the video.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan police which are illegal under international and local law which have taken place at different Police Station in the country over the past few years.

Constitution of Sri Lanka has guaranteed the right freedom from torture. According to the Article 11 of the constitution “No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that ‘all persons are equal before the law and are entitled to the equal protection of the law’. Further Article 13 (1) has stated that ‘No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest’.

Supreme Court of Sri Lanka 
In the case of Hewagam Koralalage Maximus Danny Vs. IP Sirinimal Silva, Police Station, Chilaw and others: As per Shirani A. Bandaranayake, J.

“I must express my concern over magistrates issuing orders of remand, mechanically, simply because the police want such orders made. I cannot do better than to quote the words of my brother, Dheeraratne, J, said in connection with magistrates
Issuing warrants of arrest (in the case of ¬Mahanama Tillakaratne Vs. Bandula Wickramasinghe, 1999 1 Sri L.R 372); Magistrates should not issue remand orders ‘to satisfy the sardonic pleasure of an opinionated investigator or a prosecutor’ (at pg.382). Remanding person is a judicial act and as such a Magistrate should bring his judicial mind to bear on that matter before depriving a person of his liberty”.

International Covenant on Civil and Political Rights (ICCPR)
Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of illegal arrest, illegal detention, torturing, by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers illegally in favor of private parties.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard.

To support this case, please click here: SEND APPEAL LETTER